NKANDLA: Zuma’s architect ordered to repay R147m but ‘clearly did not act alone’
More than 10 years after the controversial Nkandla upgrades ballooned from a R27.8m security project to more than R216m, the SIU has secured a major victory, with architect Minenhle Makhanya now ordered to repay R147m for unlawful, wrongful and negligent conduct.
In a significant legal victory, the Special Investigating Unit (SIU) ordered architect Minenhle Makhanya to repay R147 million for her involvement in the Nkandla security upgrades, which escalated from a R27.8 million project to over R216 million. Makhanya, who served as the architect and principal agent for the project, was found liable for R147,269,444.06 following a civil action brought by the SIU.
The SIU had initiated action against Makhanya and the National Department of Public Works, but found Makhanya to be primarily responsible for the financial losses suffered by the DPW, including over-designed buildings, above-market construction costs, and improperly certified professional fees.
Judge Karin Pillay stated that Makhanya's actions contributed to the escalation of the project's costs, despite not acting alone. The SIU's investigation, authorized in December 2013, examined the procurement process, contract awards, and spending on the Nkandla security upgrades between 2008 and 2013. The investigation aimed to recover any losses incurred by the state due to illegal or improper conduct. The project, initially authorized at R27.8 million, ballooned to over R216 million under Makhanya's supervision.
One of the main issues highlighted by the SIU was the design of certain buildings, which exceeded the security authorities' specifications. For instance, one guardhouse was designed at 33.13 square meters, while it should have been 20.4 square meters, resulting in an additional cost of R498,520.72. The control room was also designed at 114 square meters, exceeding the SAPS' assessment of 40 square meters by 74 square meters, leading to an alleged excess cost of R2,505,764.08.
Additionally, Makhanya authorized 20 extra accommodation units and 14 staff houses, the costs of which were significantly higher than the assessed requirements. These discrepancies, certified by Makhanya, resulted in further alleged excess payments totaling R1,624,894.23 and R2,353,854.37, respectively.
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